Protection of contractual and other obligations
25 Protection of contractual and other obligations
This section applies to the following:
the operation of this Act,
the sale of the Bank as authorised by this Act,
the transfer of a Minister’s shares in the Bank in accordance with the Share Sale Agreement,
the Share Sale Agreement or the performance of the Share Sale Agreement,
a Transaction Document or the performance of a Transaction Document,
any other agreement, or any guarantee or other arrangement, under or referred to in this Act or entered into for purposes connected with this Act,
a disclosure of information made for the purposes of the sale or proposed sale of the Bank (including a disclosure in any memorandum of information given to persons expressing an interest in the sale or a disclosure in any response to an inquiry made by a prospective purchaser),
a disclosure of information made pursuant to the Share Sale Agreement.
None of the matters or things referred to in subsection (1) are to be regarded as a breach of confidence or otherwise as a civil wrong or as giving rise to a breach of or an offence against a provision of an Act that prohibits or restricts the disclosure of information.
None of the matters or things referred to in subsection (1) are to be regarded:
as a breach of contract or another instrument or as requiring any act to be done under an instrument, or
as giving rise to any right or remedy by a party to an instrument, or as causing or permitting the termination of an instrument, or
as an event of default under an instrument, or
as a contravention of section 205 (1) (a) of the Corporations Law.
Subsections (2) and (3) do not affect, and a reference in subsection (3) to an instrument does not include, any of the following:
the Share Sale Agreement or a Transaction Document,
any other agreement, or any guarantee or other arrangement, under or referred to in this Act or entered into for purposes connected with this Act.
A reference in subsection (3) to an instrument does not include an Act.
Subsection (3) (d) has effect despite section 205 of the Corporations Law.
This Act’s bill:Explanatory memorandumSecond reading speech
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